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R-10544RESOLUTION NO. 10544 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN FOR THE 301 OCEAN AVENUE CONDOMINIUM PROJECT LOCATED AT 301 OCEAN AVENUE WHEREAS, a Notice of Intent to Adopt an Ihitial Study and Proposed Mitigated Negative Declaration for the 301 Ocean Avenue Condominium Project located at 301 Ocean Avenue -was published on May 25, 2010, in compliance with. the California Environmental Quality Act (CEQA) and the City of Santa Monica CEQA Guidelines; and, WHEREAS, the Initial Study and Proposed Draft Negative Declaration was made available for public comment for 30-days beginning on May 25, 2010 to June 25, 2010. WHEREAS, on August 18, 2010, the Planning Commission adopted the Initial Study and Proposed Mitigated Negative Declaration, and Mitigation Monitoring Plan. WHEREAS, on September 1, 2010, the Citizens in San Vicente -Ocean Avenue Neighborhood appealed this decision. WHEREAS, on November 9, 2010, the City Council, as Lead City Agency, reviewed the Initial. Study and Proposed Mitigated Negative Declaration, and Mitigation Monitoring Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that the Initial Study identified construction effects, neighborhood effects, noise impacts, and mandatory findings of significance for the project that would have potentially significant impacts but can be reduced to less than significant levels with incorporation of mitigation measures imposed on the project. SECTION 2. The City Council has reviewed and considered the Initial Study and Mitigated Negative Declaration, and the Mitigation Monitoring Plan, together with any comments received during the public review process, prior to acting on the project. SECTION 3. The City Council finds, based on the whole record before it, including the Initial Study and Mitigated Negative Declaration and the comments received, that with incorporation of the proposed mitigation measures there is no substantial evidence that the Project will have a significant effect on the environment, and that the Mitigated Negative Declaration reflects the City's independent judgment and analysis. Therefore, the City Council hereby approves the Mitigated Negative Declaration. SECTION 4. Consistent with Public Resources Code Section 21081.6 (a) (1), the City Council adopts the Mitigation Monitoring Plan, which is included as Attachment A, to mitigate or avoid significant effects of the project on the environment and ensure compliance during project implementation. SECTION 5. Consistent with Public Resources Code Section 21081.6 (a) (2), the documents which constitute the record of proceedings fior approving this project are located in the Planning and Community Development Department, 1685 Main Street, Room 212, Santa Monica, California. The custodian of these records is Tony Kim, Senior Planner in the City Planning Division of the Planning and Community Development Department. SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~, "`~'C MAR ~iA J. MO IE ~(Z- City Attorney Adopted and approved this 9th day of Nove er, 2010. ~. Mayor I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10544 {CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 9th day of November, 2010, by the following vote: Ayes: Gounciimembers: Bloom, Davis, Holbrook, O'Day, Mayor Pro Tem O'Connor, Mayor Shriver Noes: Councilmembers: None Abstain: Councilmembers: McKeown Absent: Councilmembers: None ATTEST ' _ ~.t~ ~ __ Maria M. Stewart, ity Clerk